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The Specified Animal Pathogens Order 2008

Consolidated Text As Enacted Cited authorities 12 Cited in Amendments 10 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2008/944
Year2008
  • This Order may be cited as the Specified Animal Pathogens Order 2008, applies in England, and comes into force on 28th April 2008.
  • the definition of “animal” is extended so as to comprise any kind of mammal except man, and any kind of four-footed beast which is not a mammal;
  • the definition of “poultry” is extended so as to comprise any species of bird; and
  • the definition of “disease” is extended so as to comprise any disease of animals and poultry which may be caused by one or more specified animal pathogens.
    • (1) In this Order—
    • “animal” includes poultry;
    • “carrier” means any living creature except man which may carry or transmit a specified animal pathogen or the tissue, cell culture, body fluid, excreta, carcase or part of a carcase of such creature by or by means of which a specified animal pathogen may be transmitted or carried;
    • “premises” includes any land, building or other place; and
    • “specified animal pathogen” means an animal pathogen listed in Schedule 1, including—
      • (a) intact pathogens;
      • (b) pathogens which have been attenuated or genetically modified by any means; and
      • (c) any nucleic acid derived from an animal pathogen listed in that Schedule that could produce that pathogen when introduced into a biological system in which the nucleic acid is capable of replicating.
    (2) In this Order “inspector” does not include an inspector appointed by a local authority.(3) A licence or notice issued under this Order must be in writing, may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time.any animal pathogen specified in Part 1 of Schedule 1; orany carrier in which they know such a pathogen is present,(2) No person may deliberately introduce into any animal any animal pathogen specified in either Part 1 or Part 2 of that Schedule, except under the authority of a licence issued by the Secretary of State.has possession of any thing in respect of which they have reasonable grounds for suspecting that an animal pathogen specified in Part 1 of Schedule 1 is present, anddoes not have a licence in respect of that pathogen.(1) Article 4 does not apply to any person who is transporting a pathogen or carrier and who does not own or have any rights in that pathogen or carrier.authorised to be placed on the market in the United Kingdom as a veterinary medicinal product, or authorised to be administered to an animal in the United Kingdom;authorised to be placed on the market under the Medicines for Human Use (Marketing Authorisations etc) Regulations 1994;licensed in accordance with the provisions of section 7(2) of the Medicines Act 1968
  • In addition to the powers set out in the Animal Health Act 1981, an inspector enforcing this Order has the powers set out in Schedule 2.
    • is carrying on any activity contravening one or more of the conditions of a licence issued to them under this Order, orhas contravened one or more of those conditions in circumstances that make it likely that the contravention will continue or be repeated,specify the conditions of the licence that have been contravened;explain the reasons why the inspector is of that opinion; andrequire that person to remedy the contravention or the matters occasioning it, within such period as may be specified in the notice.(3) A notice must include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates; and any such directions may be framed so as to afford the person on whom the notice is served a choice between different ways of remedying the contravention or matter.(1) This paragraph applies to any activities for which a licence is required under this Order.(2) If an inspector is of the opinion that the activities involve or may involve a risk of serious harm to animals, the inspector may serve on that person a notice (“a prohibition notice”) .state that the inspector is of that opinion;specify the matters which in that inspector’s opinion give or may give rise to a risk of serious harm to animals; anddirect that the activities to which the notice relates must not be carried on unless the matters specified in the notice have been remedied.at the end of the period specified in the notice; orif the notice so declares, immediately.(1) A person on whom an improvement or prohibition notice is served may within 21 days appeal against the notice to a person appointed for the purpose by the Secretary of State.(2) The appointed person must consider the appeal and any representations made by the Secretary of State and report in writing, with a recommended course of action, to the Secretary of State.(3) The Secretary of State may then either cancel the notice or confirm it, with or without modifications, and must notify the appellant, together with the reasons.
  • No person may contravene a licence condition imposed on that person.
  • This Order is enforced by the Secretary of State.
  • the Specified Animal Pathogens Order 1998
  • the Specified Animal Pathogens (Amendment) (England) Order 2006
    • (1) African horse sickness virus(2) African swine fever virus(3) Aujesky’s disease virusuncharacterised;Type A viruses which have an intravenous pathogenicity index in six-week-old chickens of greater than 1.2; orType A viruses H5 or H7 subtype for which nucleotide sequencing has demonstrated multiple basic amino acids at the cleavage site of hæmagglutinin(5) Babesia bovis(6) Babesia bigemina(7) Babesia caballi(8) Bacillus anthracis(9) Bluetongue virus(10) Bovine leucosis virus(11) Brucella abortus(12) Brucella melitensis(13) Brucella ovis(14) Brucella suis(15) Burkholderia mallei(16) Classical swine fever virus(17) Cochliomyia hominivorax(18) Eastern and Western equine encephalomyelitis viruses(19) Echinococcus multilocularis(20) Echniococcus

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